What Is Divorce Mediation (and Is It Right for You)?

As you prepare for your divorce, it is important to consider all of the options that are on the table. Ensuring you are aware of all your options is crucial for making informed decisions, and making informed decisions is essential for feeling confident in the outcome of the process. Learn more from an experienced Miami civil attorney at Gonzalez Law Offices, P.A.

Finalizing Your Divorce Without Going to Court Means Finding a Way to Come to Terms

When going through a divorce, it is essential to consider all the various ways to address the substantive issues involved. From dividing your marital assets to developing a post-divorce parenting plan, there are numerous options available—and the key is to choose the best option for you under the circumstances at hand.

With that said, you won’t have complete control over the process. You and your spouse will both have a say, and you will need to find a way to agree with one another in order to avoid going to court. This is where it becomes important to consider not only the options you have regarding the substantive aspects of your divorce, but also the options you have regarding the divorce process itself.

Divorce Mediation Can Be an Effective Tool in Many Cases

For divorcing spouses who are struggling to find a mutually agreeable path forward, divorce mediation can often be a highly effective tool. Divorce mediation is a middle ground between negotiating directly (with your respective attorneys) and going to court. In divorce mediation:

1. The Spouses Work with Their Respective Attorneys and the Mediator

If you decide to pursue divorce mediation, you and your spouse will each continue to work with your respective attorneys. You will work with the mediator to address each of the outstanding issues involved in your divorce with a focus on finding a path forward that works for both of you.

2. The Mediator Offers Unbiased Suggestions Focused on Reaching an Amicable Resolution

The mediator’s role is to help you and your spouse reach an agreement without going to court. To this end, the mediator will offer unbiased suggestions aimed at achieving a mutually amicable resolution. The mediator will consider your respective points of view, and he or she will emphasize the legal, financial, and practical considerations involved in your divorce while helping to ensure that emotions do not unduly get in the way.

3. The Mediator Does Not Make a Final Decision

A key aspect of divorce mediation is that the mediator does not make a final decision. Instead, it is still up to you and your spouse to decide whether you are willing to agree.

If you and your spouse reach an agreement through the mediation process, you will enter into a divorce settlement, and your Miami civil attorney will file the settlement to bring your marriage to an end. If you and your spouse do not reach an agreement, you can still take your divorce to court (or pursue other options for finding a non-litigious path forward).

When Divorcing Spouses Should Consider Divorce Mediation

With all of this in mind, when should divorcing spouses consider divorce mediation?

Generally, divorce mediation is a good option for spouses who want to avoid going to court but are also struggling to come to terms on their own. Mediation is quicker and cheaper than going to court; and, in most cases, both spouses will benefit from minimizing the time and money they devote to the divorce process. As a result, even when divorcing spouses struggle to agree on how to divide their assets or split parenting time, they typically share a common interest in finding a way forward that doesn’t involve asking a judge to make decisions for them.

Thus, pursuing divorce mediation can be a good option when divorcing spouses have a shared interest in finalizing the terms of their divorce as efficiently as possible but can’t seem to find a solution that works for both of them. In this scenario, divorcing spouses can use mediation either:  

• For a Single Aspect of the Divorce Process – If divorcing spouses are largely in agreement but are stuck on one particular issue, they can use mediation to resolve that specific issue. For example, if you and your spouse agree on the property-related and financial aspects of your divorce but can’t reach an agreement regarding parenting time, you could work with a mediator to develop a mutually agreeable post-divorce parenting plan.
• To Address All of the Issues Involved in Their Divorce – If your divorce is particularly complex or you are anticipating disagreements in various aspects of your divorce, you could use mediation from the outset. Often, divorcing spouses will engage a mediator to help them take a cohesive approach to crafting a divorce settlement agreement that comprehensively addresses their respective long-term needs and wants.

Once you hire a Miami civil attorney to assist you with your divorce, your attorney will be able to help you make an informed decision about whether pursuing divorce mediation makes sense in your particular case. An experienced attorney will also be able to tell you if he or she believes it may be possible to reach a settlement without mediation.

If necessary, your attorney can communicate with your spouse’s attorney to try to reach an agreement to mediate as well. While there are no guarantees, often, once divorcing spouses agree that mediation is the best path forward, this facilitates open dialogue and good-faith negotiations that lead to an amicable resolution.  

Discuss Your Divorce with an Experienced Miami Civil Attorney in Confidence

Do you have more questions about divorce mediation? Or, do you have questions about the divorce process in general? If so, we invite you to get in touch with us. To schedule an initial divorce consultation with an experienced Miami civil attorney at Gonzalez Law Offices, P.A., please call us at 305-676-6677 or tell us how we can assist you online today.